Proposals To Initiatives: Arizona's Unique Law

how proposal could become initiative under az law

In Arizona, citizens can propose new laws or amendments to the constitution through the initiative process. This involves submitting a petition outlining the proposed amendment to the Secretary of State, which must then be signed by a certain percentage of registered voters. If enough signatures are obtained, the initiative will appear on the subsequent general election ballot for voter approval.

The number of signatures required depends on whether the proposal is for a constitutional amendment or a statutory amendment. For a constitutional amendment, 15% of qualified electors must sign the petition, while for a statutory amendment, 10% of qualified electors are needed. These signatures must be submitted to the Arizona Secretary of State's Office at least four months before the next general election. If a proposal meets these requirements, it will be placed on the ballot, and a simple majority vote is required for it to pass and become law.

Characteristics Values
Who can propose new laws or amend existing laws? Voters
How can this be done? By gathering signatures from registered voters to place the issue on the ballot
What is the deadline for filing an initiative petition? Four months before the next general election
What is the minimum number of signatures required for an initiative proposing a constitutional amendment? 15% of qualified electors
What is the minimum number of signatures required for an initiative proposing a statutory amendment? 10% of qualified electors
What is the minimum number of signatures required for a veto referendum? 5% of qualified electors
Who should the petition be addressed to? Secretary of State
What should the petition include? Declaration of each petitioner, their post office address, street and number of residence, and the date on which they signed the petition
What happens if enough valid signatures are submitted? The proposed statutory or constitutional amendment will be placed on the next general election ballot
What is the requirement for the proposed law to pass and become a law? Majority vote

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Arizona citizens can initiate legislation as a state statute or constitutional amendment

In Arizona, citizens can also repeal legislation via veto referendum. The Arizona State Legislature may also place measures on the ballot as legislatively referred constitutional amendments or state statutes. The Arizona Commission on Salaries for Elective State Officers is one of the few state committees that can place measures on the ballot.

The Arizona Constitution contains a single-subject rule for citizen-initiated ballot measures, which was enacted in 2022 via Proposition 129. This means that initiatives must address only one topic. The Arizona Constitution also contains a separate vote requirement provision, which means that multiple amendments must be voted on as separate questions.

In Arizona, initiated measures and amendments are not governed by subject restrictions but are required to designate a funding source if they mandate state expenditures. Referendums may not repeal laws that are "immediately necessary for the preservation of the public peace, health, or safety, or for the support and maintenance of the departments of the state government and state institutions."

Before collecting signatures, initiative proponents must file an application to petition with the Arizona secretary of state. The application form must include the name and address of the proponent, a summary of the measure (no more than 200 words), and the text of the measure. Proponents must also file a statement of organization, registering the political committee for campaign finance purposes.

After applying to petition, proponents may submit the text of the proposed measure to the Arizona Legislative Council for review. The council will review the legislation for errors, inconsistent provisions, confusing language, and conflicts with existing law. The recommendations of the council are optional and can be rejected or accepted at the sole discretion of the proponents.

Once the review is complete, petitions can be circulated. Each petition must include the secretary of state's time-and-date-marked copy of the measure with its full proposed text, along with the original and amended text. The petition must also include the valid title, which is determined by the initiative proponents.

After certification, the Joint Legislative Budget Committee must prepare a fiscal analysis of the proposed measure. This analysis is presented at public hearings on the measure and included on an informational pamphlet produced by the state.

In Arizona, the number of signatures needed to place a measure on the ballot is based on the total number of votes cast for the governor in the preceding election. For an initiated constitutional amendment, 15% of the votes cast are needed; for an initiated state statute, 10% are needed; and for a veto referendum, 5% are needed.

Once signatures have been collected, state officials must verify that requirements are met and that fraudulent signatures are excluded. After verification, the issue must be prepared for the ballot, which often involves preparing a fiscal review and ballot summary.

If the petition is found to be sufficient, the proposed measure will be put on the next regular general election ballot.

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The Arizona Constitution contains a single-subject rule for citizen-initiated ballot measures

Arizona's single-subject rule states that:

> Every initiative measure shall embrace but one subject and matters properly connected therewith...

This is similar to the rules in other states, such as Alaska, California, Colorado, and Florida, which also have explicit single-subject rules for ballot initiatives.

The single-subject rule is distinct from the separate-vote requirement, which applies to constitutional amendments (whether citizen-initiated or legislative) in at least six states. This rule prohibits constitutional amendments from changing more than one article or section of the state constitution.

The Arizona Constitution also contains a separate vote requirement provision, which requires that multiple amendments must be voted on as separate questions.

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The Arizona Constitution also contains a separate vote requirement provision

The Arizona Constitution contains a separate vote requirement provision, which requires that multiple proposed amendments must be voted on as separate questions. This provision is outlined in Article 4, Part 1, Section 1 of the Arizona Constitution, as well as in Article 21, Section 1.

In addition to this separate vote requirement provision, the Arizona Constitution also includes a single-subject rule for citizen-initiated ballot measures. This rule was enacted in 2022 via Proposition 129.

The process of initiating legislation in Arizona begins with crafting an initiative. This involves adhering to certain rules and restrictions, such as the single-subject rule, as well as addressing funding sources for any proposed amendments that mandate state expenditures. Once the initiative is crafted, the next step is to start a petition by applying to the Arizona Secretary of State and providing the required information. After receiving approval, proponents can begin collecting signatures to meet the required thresholds for placing the initiative on the ballot. The final steps include getting on the ballot, the election, and potential legislative alteration or re-attempting of the initiative if needed.

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The Arizona State Legislature may place measures on the ballot as legislatively referred constitutional amendments or state statutes

In Arizona, the State Legislature may place measures on the ballot as legislatively referred constitutional amendments or state statutes. This is distinct from citizen-initiated ballot measures, which can also be included on the ballot.

Legislatively referred constitutional amendments are proposed by the Arizona State Legislature and require a simple majority vote during one legislative session to be placed on the ballot. They are distinct from citizen-initiated constitutional amendments, which require the signatures of 15% of qualified electors to be placed on the ballot.

Legislatively referred state statutes are proposed by the Arizona State Legislature and require a simple majority vote during one legislative session to be placed on the ballot. They are distinct from citizen-initiated state statutes, which require the signatures of 10% of qualified electors to be placed on the ballot.

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Arizona citizens can repeal legislation via veto referendum

> [T]he people reserve the power to... use at their own option, the power to approve or reject at the polls, any Act, or item, section, or part of any Act, of the Legislature.

The Arizona Constitution also states that the person or organisation putting forward the referendum must file signatures with the Arizona Secretary of State within 90 days of when the Legislature that enacted the House or Senate bill in question adjourns sine die (the date of adjournment of the legislative session in which the measure was passed) for the year. If enough valid signatures are submitted, the bill will be placed on the next general election ballot. A "yes" vote is a vote to allow the law to go into effect, while a "no" vote is a vote for a citizen veto, preventing the referred bill from going into effect.

The Arizona Constitution requires valid signatures from 15% of qualified electors to place an initiative proposing a constitutional amendment on the ballot, and valid signatures from 10% of qualified electors to place an initiative proposing a statutory amendment on the ballot.

Frequently asked questions

In Arizona, voters can propose new laws or amend existing laws by gathering signatures from registered voters and placing the issue on the ballot. This is known as the initiative process, which is outlined in the Arizona Constitution.

For a proposal to become an initiative in Arizona, it must obtain a certain number of valid signatures from registered voters. The specific requirement is 15% of qualified electors for a constitutional amendment and 10% of qualified electors for a statutory amendment. These signatures must be submitted to the Arizona Secretary of State's Office at least four months before the next general election.

Either the state statutes or the state constitution can be amended through citizen action, with qualified voters submitting a petition to the Secretary of State.

The number of signatures required depends on the type of proposal. For a constitutional amendment, 15% of the qualified electors must sign the petition, while for a statutory amendment, the requirement is 10%.

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